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4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain <br />Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any <br />and all persons employed directly or indirectly by Contractor. The Statutory Workers' <br />Compensation Insurance and Employer's Liability Insurance shall be provided with limits of <br />not less than $1,000,000.00 per accident. In the alternative, Contractor may rely on a self- <br />insurance program to meet those requirements, but only if the program of self-insurance <br />complies fully with the provisions of the California Labor Code. Determination of whether a <br />self-insurance program meets the standards of the Labor Code shall be solely in the <br />discretion of the Contract Administrator. The insurer, if insurance is provided, or the <br />Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation <br />against the City and its officers, officials, employees, and volunteers for loss arising from <br />work performed under this Agreement. <br />4.2 Commercial General and Automobile Liability Insurance, <br />4.2.1 General requirements. Contractor, at its own cost and expense, shall maintain <br />commercial general and automobile liability insurance for the term of this <br />Agreement in an amount not less than $1,000,000.00 per occurrence, combined <br />single limit coverage for risks associated with the work contemplated by this <br />Agreement. If a Commercial General Liability Insurance or an Automobile Liability <br />form or other form with a general aggregate limit is used, either the general <br />aggregate limit shall apply separately to the work to be performed under this <br />Agreement or the general aggregate limit shall be at.least twice the required <br />occurrence limit. Such coverage shall include but shall not be limited to, protection <br />against claims arising from bodily and personal injury, including death resulting <br />therefrom, and damage to property resulting from activities contemplated under <br />this Agreement, including the use of owned and non -owned automobiles. If no <br />owned or non -owned automobiles will be used under this Agreement, Contractor <br />shall provide a statement that, provides under penalty of perjury that no owned or <br />non -owned automobiles will be used in the performance of this Agreement. <br />4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as <br />broad as Insurance Services Office Commercial General Liability occurrence form <br />CG 0001 (most recent edition) covering comprehensive General Liability on an <br />"occurrence" basis. Automobile coverage shall be at least as broad as Insurance <br />Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 <br />(any auto). No endorsement shall be attached limiting the coverage. <br />4:2.3 Additional requirements. Each of the following shall be included in the <br />insurance coverage or added as a certified endorsement to the policy: <br />a. The Insurance shall cover on an occurrence or an occurrence basis, and <br />not on a claims -made basis. <br />Non -Professional Services Agreement between May 2012 <br />City of San Leandro and George Salinas Tree Preservation Pagee 4 4 of 13 <br />